Love v. Flahive (205 U.S. 195)

On December 3, 1900, Edward H. Love commenced this suit in the district court of Missoula county, Montana, to have Annie Flahive, the holder of the legal title to a specified tract in that county, adjudged to hold it in trust for him. A demurrer to the complaint was sustained by the district court, and, no amendment being asked, judgment was entered for the defendants. This judgment was affirmed by the supreme court of the state (33 Mont. 348, 83 Pac. 882), from which court the case was brought here on writ of error.

The facts, as stated in the complaint and attached exhibits, are that plaintiff, with the purpose of entering the land as a homestead, and being qualified therefor, in May, 1882, settled upon, occupied, and fenced the entire tract, with the exception of the north 20 acres thereof. In addition to a controversy in the Land Department with the Northern Pacific Railroad Company, which claimed the land under its grant, but whose claim was finally rejected, he had a contest in the Land Department with Michael Flahive, who was also seeking to enter the land, which, after several hearings before the local land officers, with appeals to and decisions by the Commissioner of the General Land Office and the Secretary of the Interior, resulted in a final decision against him and an award of the land to the defendant Annie Flahive, the widow of Michael Flahive, who had died pending the proceedings. In pursuance of that award a patent was issued to her in December, 1899.

Messrs. Thomas C. Bach and Charles Edmund Pew for plaintiff in error.

Messrs. S. M.Stockslager, George C. Heard, Elmer E. Hershey, and Woody & Woody for defendants in error.

Statement by Mr. Justice Brewer:  Mr. Justice Brewer delivered the opinion of the court: